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1996-02-27 Planning Comm Minutes01-1,01 EVOIGLI6A I! .., The regular meeting of the Mendota Heights Planning Commission was held on Tuesday, February 27, 1996, in the City Hall Council Chambers, 1101 Victoria Curve. The meeting was called to order at 7:30 o'clock P.M. The following members were present: Dwyer, Friel, Betlej, Lorberbaum, Duggan and Tilsen. Commissioner Koll was excused. Also present were Public Works Director Jim Danielson, Planning Consultant John Uban and Senior Secretary Kim Blaeser. APPROVAL OF MINUTES Commissioner Tilsen moved approval of the November 28, 1995 minutes with corrections. Commissioner Duggan seconded the motion. AYES: 6 NAYS: 0 Commissioner Duggan moved approval of the January 23, 1996 minutes with corrections. Commissioner Tilsen seconded the motion. ELECTION OF OFFICERS Commissioner Friel moved to reappoint Mike Dwyer as Chair and Ultan Duggan as Vice Chair. Commissioner Tilsen seconded the motion. AYES: 6 NAYS: 0 MISCELLANEOUS Commissioner Friel briefed the Planning Commission on recent discussion with Representative Commers and Senator Weiner regarding legislation action on Comprehensive Plan/Zoning consistency. Friel stated that Representative Commers informed him on the background and history of this action. He informed the Commission that Senator Weiner has introduced language to the legislature to reverse this action. He informed the Commission that the Cities of Apple Valley, Eagan and Eden Prairie support Senator Weiner's position in reversing the action. He informed the Commission that the League of Minnesota Cities has chosen to not get involved and that MAMA has not taken a position. CONTINUED HEARING: CASE • 95-31: r• HEIGHTS MOTEL - VARIANCE Mr. Jaykav C. Bhakta, owner of the Mendota Heights Motel, located at 2180 Highway 13, was present to discuss his request for a sign height variance. Chair Dwyer explained that at their January 23, 1996 meeting, the Planning Commission discussed this request and noted their concerns regarding the structural integrity of the proposed sign and the fact that the current sign is non -conforming along with the "grandfathered" status of the sign. Dwyer stated that the public hearing was continued until the February meeting because no one was present to represent the applicant. Chair Dwyer acknowledged receipt of additional information from Mr. Bhakta regarding the height of the sign and structural design. Dwyer also acknowledged that Mr. Bhakta has informed City staff that due to a miscommunication between Mr. Bhakta and his contractor, the sign has already been raised. Chair Dwyer stated that there is a hardship in that the motel used to have direct frontage and access onto Highway 55 and now Highway 55 is about 250 feet to the west. He further stated that with the approval of this request, the City does not want to encourage other applicants to complete a project prior to City approval. Chair Dwyer opened the meeting to the public. There was no one present to discuss this request. Commissioner Tilsen moved to close the public hearing Commissioner Friel seconded the motion. AYES: 6 NAYS: 0 ?A Commissioner Friel moved to recommend that the City Council grant the requested variance for sign height and recommend denial of the request for variances to the ground clearance and location of the sign. Planner Uban stated that additional land was taken from the front yard -by MnDOT and that the sign was not originally constructed two feet from the front property line. Chair Dwyer moved to recommend that the City Council grant a five foot variance to the height of the pylon sign for the Mendota Motel. Commissioner Lorberbaum seconded the motion. Chair Dwyer stated the hardship is that Trunk Highway 55 had been lowered by MnDOT with their Mendota Interchange Project rendering the sign not visible from Trunk Highway 55. Commissioner Friel inquired about the sign contractor. Mr. Bhakta responded that Barron Advertising, Inc. has installed the sign. Commissioner Lorberbaum suggested that Mr. Bhakta consider advertising on Highway 55 using MnDOT highway signage. She stated that it may be helpful to advertise on the highway so that people are aware of the motel prior to the motel's entrance. V19_114�: MrOlLiF AYES: 5 NAYS: 1, FRIEL Chair Dwyer explained that the Planning Commission had discussed SuperAmerica's request for a Conditional Use Permit and Variances which would allow the development of a 2 acre site located along Mendota Heights Road between Northland Drive and Highway 55 for a new SuperAmerica convenience store of approximately 3,500 square feet with an attached car wash at their January 23, 1996 meeting. Dwyer explained that the public hearing was continued until the February meeting in order to 3 give the applicant time to address concerns regarding: 1. Provide additional information regarding hardships to allow the following requested variances: 1. Pylon sign area of more than 100 square feet. 2. Trash enclosure setback. 3. Building setbacks. 2. Discuss utilization of a monument sign instead of the currently proposed pylon sign. Mr. Michael Cronin, of Michael Cronin & Associates, representing SuperAmerica, informed the Commission that he has submitted revised plans, as per their direction in January, regarding the design of the monument sign and elevations and plans. He informed the Commission that the elevation shows the enclosed trash container and has the correct representation of the doorways. He stated the plans have the modifications requested to the southwest corner of the site. Cronin explained that Plan Sheet A3 indicates the new elevations and Sheet C1 indicates the plot plan which shows the twenty foot setback and the reduction of site lighting. Cronin explained the revised Landscape Plan (Sheet Ll) which includes ten additional Norway Pines which extends the buffer zone. Regarding the MnDOT right-of-way, Cronin stated that MnDOT has completed their tree inventory and have found there are no significant trees within the right-of-way. He stated that 80 Amur Maples will be placed on the site and 120 Amur Maples will be placed in the ditch area. He stated that SuperAmerica believes that this is a nice base of replacement vegetation. Mr. Cronin explained that they are requesting a variance to increase the pylon sign area from 100 square feet to 143 square feet. He explained the height to be 25 feet high and that this complies with the ordinance requirements. Cronin explained that their practical difficulty/hardship to be the long viewing distances due to three frontages. He stated that they are well within their allowed sign area and that are extending the pylon sign face down rather than up. Cronin explained that the variance for the building is for reducing the 100 foot setback from abutting major thoroughfares to 60 feet. He explained that their practical difficulty/hardship is because of the orientation of the lot to Highway 55, with the shortest side being perpendicular to Highway 55 and also the zoning ordinance requirement for three front yard setbacks with 4 one setback extending 100 feet from Highway 55 from a 60 foot setback extending from Northland Drive. Cronin explained that mitigating this variance, is 110 feet of right-of-way between the property line and Highway 55 roadway and only 45 feet of building frontage versus 360 feet of the affected frontage all other frontage is opposite open parking, circulation and pump islands. Cronin explained their request for a variance which would allow a freestanding pylon sign. He stated that the practical difficulty/hardship is that there is only one single freestanding sign to serve three street frontages and that the sole conforming location does not maximize.view from two major roadways. He stated the sign will be approximately 150 feet from the actual roadways of both Highway 55 and Mendota Heights Road. He stated that the sign will also be located behind the landscape and open edge of Mendota Heights Road. Mr. Cronin explained that if SuperAmerica would be allowed to used the allowable signage (according to the zoning ordinance) on the pylon sign, then additional signage will not be necessary. He stated that the sign needs to be a little bigger because of the distance from the site to the roadways. Commissioner Duggan inquired if SuperAmerica will be requesting additional signage in the future. Mr. Cronin responded that this is the maximum signage they will be asking for. Mr. Cronin stated that they are asking for a variance to reduce the setback for an enclosed trash container from 60 feet to 45 feet. He explained that the practical difficulty/hardship is that they have three front yard setbacks and the location is at the narrow most edge of the lot and the need to be accessible from the side of the building due to the interior plan. He stated that mitigating this variance is that there will be low mass and height of the structure and that there will be berms and plantings installed along Northland Drive. Chair Dwyer inquired about the 24 hour operation and whether the police department has given its opinion regarding the hours of operation. Mr. Bill Bahl, SuperAmerica Zone Manager, explained that approximately 40 percent of robberies occur after 11:00 p.m. and before 3:00 a.m. He informed the Commission that crimes are down. Mr. Bahl explained that with a 24 hour operation there are less cash transactions made since the store is not opening and closing during specific times. Mr. Bahl informed the Commission that SuperAmerica handles their cash transactions via courier. Chair Dwyer opened the meeting to the public. 9 There was no one present to discuss this request. Commissioner Tilsen moved to close the hearing. Commissioner Friel seconded the motion. AYES: 6 NAYS: 0 Commissioner Friel inquired if the applicant is not able to construct a building without a variance because the parcel is too small. Mr. Cronin responded that this is a two acre site and that the shape is irregular. He stated that the setback requirements are extraordinary due to the three frontages and that the parcel is zoned B-3. Mr. Cronin stated there is not enough room to construct this building. Mr. Friel inquired if Mr. Cronin believes no permitted use could be built on this site. Mr. Cronin stated that any use would entail losing the south half of the site. Mr. Cronin stated the he believes that practical difficulty/hardships have been identified. Commissioner Friel stated that this is an existing parcel of land in which a building too large is being proposed for construction. Mr. Cronin stated that the variance restrictions within the City's zoning ordinance helps to trigger special conditions and that the City should review efforts that help mitigate the process. He stated that the variance restrictions are placed so that the character of a parcel is not significantly changed. He stated that by granting approval of this variance request, the city will not change the character of the B-3 zoning district. Mr. Cronin stated that SuperAmerica has tried to accommodate the City's Zoning Ordinance by creating a building which will not affect the district. He stated that they have approached this parcel of land with the best of intentions. Commissioner Betlej inquired about the trash enclosure and the building materials. Mr. Cronin responded that the materials will be brick and that the screening materials surrounding the air conditioning condensers will also be brick. The Commission discussed signage illumination and it was determined that only the SuperAmerica logo, on the canopy, will be illuminated. Planner Uban confirmed that his calculations for on-site signage included pump, canopy and fascia signage. Commissioner Duggan inquired if there are SuperAmerica designs in the M. metro area that did not require variance approvals. Mr. Cronin stated that it is the footprint of the site that requires a variance and that the proposed building is the standard building size for SuperAmerica. He stated that only difference with the proposed Mendota Heights SuperAmerica is the car wash is larger than other SuperAmerica car washes. In response to a question from Commissioner Tilsen, Planner Uban stated that all signs, as described by the applicant, meet the requirements of the zoning ordinance for square footage. Mr. Cronin stated that.600 square feet of signage is allowed on this site. He stated that SuperAmerica is proposing 540 square feet of signage (building and canopy signage totals 390 square feet and the pylon sign totals 148 square feet). Regarding building setback verses canopy setback, Planner Uban clarified that although the building setback in the B-3 district is 60 feet from the front yard, and canopy setback may be as close to the front yard 20 feet. Commissioner Friel moved to recommend that the City Council deny SuperAmerica's request for a Conditional Use Permit and Variances. Commissioner Duggan seconded the motion. Chair Dwyer stated that this piece of property is unique and that the proposed SuperAmerica will benefit the Highway 55 area and that the setback variances will not cause a problem with safety. Commissioner Lorberbaum stated that this is a good site and that it would be a positive addition to the area. She stated that she agrees with the 24 hour operation. She stated that she is concerned over the amount of variances and that a building could be constructed on this piece of land. Commissioner Tilsen stated that this site is large enough to support this use. He stated that the applicant could demonstrate a little more creativity. V18-yMeTiNIM91" D] Ll I AYES: 3 NAYS: 3, DWYER, BETLEJ, TILSEN Chair Dwyer moved to recommend that the City Council grant a Conditional Use Permit and Variances. N Chair Dwyer stated that this is a unique and difficult parcel of land to develop and that because of its uniqueness the City will not be establishing a precedent by approving this request. He stated that this is a quality project and a real benefit to the City. Commissioner Tilsen offered a friendly amendment to include a monument style signage in place of the proposed pylon sign. Commissioner Betlej seconded the motion. AYES: 3 NAYS: FRIEL, LORBERBAUM, DUGGAN Chair Dwyer stated the Commission is at an impass and not able to make a recommendation to the City Council. Chair Dwyer instructed the applicant to appear before the City Council at their March 7, 1996 regular Council meeting. CONTINUED HEARING: CASE NO. 96-04: DAKOTA COUNTY HRA - COMPREHENSIVE PLAN AMENDMENT, REZONING, SUBDIVISION, CUP FOR MINING AND STRUCTURE GREATER THAN 25 UNITS AND WETLANDS PERMIT Ms. Kari Gill, Deputy Executive Director with the Dakota County HRA, was present to discuss the HRA's request for a Comprehensive Plan Amendment, Rezoning to R-3, Zoning Amendments for Senior Facilities, Subdivision, CUP for Facility in Excess of 25 Units and Mining, which would allow the construction of a 65 unit Senior Housing Project east of South Plaza Drive and South of Highway 110. Ms. Gill explained that the HRA has submitted revised plans and summary which addresses concerns expressed by the Planning Commission at their January 23, 1996 meeting. Ms Gill introduced Patrice Bataglia, Dakota County Commissioner and Liaison to the HRA, Mr. Mark Ulfers, Dakota County HRA and Mr. Jay Nelson, of BRW Architects. Mr. Nelson explained that the revised site plan shows revision to the site lighting plan. He explained that this new lighting plan reduces lighting levels by 42 percent. Nelson stated the original lighting plan consisted of seven F.*] luminaries. Nelson stated that HRA representatives understood the concern for light spillage onto nearby properties and decided to eliminate the wall mounted fixtures over the garage door because it was a source of glare. Nelson stated the new plan uses seven luminares with a 42 percent reduction in light levels while still providing the recommended minimum of .5 foot candies on the parking and walkway surfaces. He explained that they relocated the new fixtures that are 150 watt high pressure sodium light sources in cut off or "shoebox" fixtures. He explained that these fixtures are designed for maximum concealment of the light source. He stated they will be mounted on 20 foot poles. Nelson explained that the new plan will result in a lower, more even light level on the surfaces and a minimum of luminare sources of glare in the evening sky. He explained the sidewalk between the curb and the front door will be lighted by recessed down lights in the canopy ceiling. He stated they tried to reduce the light levels as much as possible while maintaining a safe lighting level for senior housing. Nelson stated that the HRA is aware of the Dodge Nature Center representatives concerns regarding the proposed facility. He stated that while they are unable to totally shield the building from being viewed by the nature center, the HRA is proposing to add a three to four foot berm to the west side of the pathway with trees planted on it. He stated that some of the Spruce trees will be 10 feet in height and some of the Sugar Maples will be four inches in diameter. Nelson stated these are larger trees than typically planted with new construction and that the HRA wants to try to improve the landscape barrier between the building and the Dodge Nature Center property. Chair Dwyer inquired about how much of the proposed senior housing building will stick up from the trees. Mr. Nelson stated there will still be about 30 feet. Chair Dwyer inquired about the potential of rotating the building 90 degrees. Mr. Nelson explained that the building entry should relate to the side of the site where most people will see it. Nelson stated that the site grades are quite steep, which would make the elevations an infringement to adjacent property owners and that entering on the side of the building would not promote adequate traffic circulation. Commissioner Duggan inquired about orienting the garage entrance so that it does not face the Dodge Nature Center property. Mr. Nelson explained that this concept would work against the natural grade of the land and that it would also create a very steep garage ramp. Commissioner Betlej inquired about moving the building further south, towards the ravine. Mr. Nelson responded that this would create a barrier to the Friendly Hills drainage. Chair Dwyer stated that several letters from Dodge Nature Center supports have suggested pushing the building further to the south and east. Mr. Nelson stated this is not feasible because of the ravine and the intrusion to the residential housing development. Commissioner Tilsen presented alternative sketch elevations. He stated a buffer zone could be created to help reduce the intrusion to the residential neighborhood. He stated that he does not believe there is a grade problem and that the ravine does not pose a problem. He further stated that by rotating the buidling 180 degrees, the building shields the parking lot lighting. Chair Dwyer stated that the Dodge Nature Center property is utilized more during the day than at night. He stated that his concern for nighttime lighting intrusion is for the Friendly Hills neighborhood. Commissioner Tilsen stated that he does not feel the HRA plan has been put together with the intent on reducing impact to the community. He stated that HRA has other goals in mind with the development of the senior housing building. He stated that the additional trees are a good idea, but feels this is an "after the fact" effort by the HRA. Chair Dwyer inquired about softening the curves on the trail and paving the trail all the way to Friendly Hills. Mr. Nelson responded that the revised site plan shows the softened curves on the trail. He stated that the HRA agreed that the sharp curve should be revised. Nelson stated that the kink in the corner of the trail has been realigned and that there will be additional trees planted. Chair Dwyer inquired if the trail access to the Mendota Plaza will still be accessible to the residential neighborhoods. Nelson responded yes and that the grade will be softened by 5 percent. He further stated that this realignment and grade softening will make the trail more ADA accessible. Chair Dwyer inquired about the number of units and why they were increased by 25 units and why the proposed building is a 3 story building. Ms. Gill responded that the proposed senior housing facility has always been presented as a three-story building similar to all the other buildings completed by the Dakota County HRA. She explained that in order to achieve certain economies of scale, three-story construction for residential buildings is considered to be the most economical without getting to be too large of a structure. She stated that a two-story building was not contemplated when the financing was completed. She stated that to accommodate the same number of units with a two story building the We building footprint would have to be greatly enlarged which adds significantly to the construction costs. She stated that the HRA is also concerned about the residential nature of the building when completed so they do not go higher than three stories. Commissioner Friel inquired about the Cooperative Agreement between the City of Mendota Heights and the Dakota County HRA. Ms. Gill responded that the building was originally expected to be 40 units. She stated that in response to requests from the City, the HRA proposed the concept of adding 25 units. She explained that prior to the construction of the building, the HRA and City entered into an agreement to construct 65 units. This agreement gives the HRA legal authority to move forward with the project prior to the Planning Commission process. Commissioner Friel inquired if this agreement was intended to bind the City. He further stated that there are some inconsistencies within the agreement regarding the number of units proposed. Ms. Gill stated that the cooperative agreement is intended to bind the City. Ms. Gill stated that the City Council supports the 65 unit concept. Commissioner Friel stated that the City is proposing to amend the zoning ordinance to accommodate a lower standard of housing. Friel discussed the Livable Communities Act and how the City needs to provide lower standards of housing. He noted his concern for amending the zoning ordinance to accommodate the Livable Communities Act requirements and what affect this will have in the future should other developers propose to construct senior housing developments. A discussion ensued regarding senior housing developments and how the building designs for senior housing become less marketable for other uses. Commissioner Friel inquired about how long the Dakota County HRA is committed to operating the senior housing facility. Ms. Gill responded they intend to be the long term operators. Mark Ulfers, HRA Director, stated that the HRA is committed to owning/operating senior housing for life of the building. He stated that there is a real demand for cities to provide senior housing and that the demand for senior housing will continue to escalate. Commissioner Friel stated that as the years go on, there will be changes in the legislature and in the law and the need for senior housing may not be as significant because of these changes. He stated "nothing is forever" and that the City should be concerned. He stated that he is not satisfied that the building will always remain a senior housing facility. 11 Commissioner Duggan stated that during previous discussions with the Planning Commission, the HRA presented the building to be a 40 unit building. He stated that now, the HRA is offering an additional 25 units at market rates. He stated that if the units are all the same, then why offer 25 units for market rates. Mr. Ulfers responded that the lower rental units will serve lower income seniors and that there is also only funding available to support 40 subsidized units. He stated that the units are all the same quality but that there is only enough money to subsidize 40 units as low income units. Commissioner Duggan stated that if the HRA cannot afford to construct a building with additional 25 units then the building should only be constructed with the 40 units. Mr. Ulfers stated that the HRA believes that the rent generated by the 25 units will be sufficient to support the additional bonds and costs in operating the facility. He stated that the HRA is proposing a good housing product for the City to offer its residents. Commissioner Duggan stated that he supports this venture for senior housing but that he is concerned for private developers who may construct a facility that is not of good quality. Duggan stated that the 600 square feet of living space seems small. Mr. Ulfers stated the size of the units have been what they are using and are very well received by the senior consumers. He stated that the HRA tries to build a normal sized building but provide a community atmosphere for its seniors by creating common areas which promotes social interaction. Mr. Ulfers stated that other cities have had a challenge in having senior facilities meet their zoning requirements. Commissioner Friel stated that the construction of the facility depends upon the City amending its zoning ordinance. Mr. Ulfers stated the HRA is committed to providing a quality project which also offers affordable rent. Chair Dwyer opened the meeting to the public. Dr. Gregory Lee, Dodge Nature Center, submitted colored photos and soil surveys. Lee stated that he is in opposition to the proposed senior facility due to the proposed height of the structure. He stated that senior housing is a good concept for the community. He inquired about the proposed berming along the eastern property line. Mr. Nelson reviewed the revised plan and explained that a berm can be constructed with trees placed on the berm. He explained that this should help raise the elevation about 6 to 8 feet. Dr. Lee expressed concern about the physical presence of the senior housing project during day light hours. He expressed concern regarding the poor quality of soil and the nature of the soil being fill may not support the planting of trees. He stated he would like to see a soil profile completed ilK I and that modifications may be necessary. A discussion ensued regarding the types of trees and where the trees should be planted to best screen the nature center property from the senior housing development. Representatives from the Dakota County HRA and the Dodge Nature Center agreed to work together. Chair Dwyer stated that the City has received numerous correspondence from Dodge Nature Center supporters. He stated that.he is a member of the Dodge Nature Center. Dwyer pointed out that if an individual were to scan the horizon from the Dodge Nature Center property, they will notice that there are a lot of buildings that pose a visual impact to the nature center property (Mendota Plaza, Copperfield and Friendly Hills neighborhood and Sibley High School). He stated that he supports the screening concept. Patrice Bataglia, Dakota County Commissioner, stated that she appreciates the general support of the Planning Commission and understands their concerns and issues. She stated that the Dakota County HRA is nationally recognized for providing senior housing to county residents. She stated the HRA has received Senior Federation Awards which recognizes the manner in developing a facility which utilizes various avenues of financial feasibilities. Ms. Bataglia stated that she has visited all of the County housing sites and in each case, all seniors were very satisfied with the size of their unit. She stated the public areas are large and all of the seniors look greatly appreciated the public space. She stated that there is also quiet space available for seniors to enjoy reading and other activities. She stated that she would be happy to tour the existing HRA facilities with members of the Planning Commission. Ms. Bataglia stated that there are over 1,000 people on the HRA waiting list. She agreed that affordable housing is an issue, especially with the senior population. She explained that a moderate income unit provides an avenue to allow seniors to be able to maintain their finances individually and not collectively with family members. She stated that she is very supportive of this project and that it is a long awaited project. Commissioner Friel inquired if the HRA is concerned with offering the same square footage unit space and charging different rental amounts. Ms. Bataglia responded that this is an issue that is dealt with prior to the space rental. Commissioner Tilsen stated that the design of the project should be more 13 creative. Ms. Bataglia stated that several options were presented to the HRA and that several factors were taken into account and that significant efforts have been made to accommodate site restrictions while provide a beautiful structure that everyone will be proud of. Commissioner Tilsen stated that some key issues were not taken into account. He inquired if it is too late to relook at the process of designing a more creative building. Commissioner Friel stated that this whole design assumes that the Planning Commission and City Council will adopt the senior housing zoning ordinance amendments. Ms. Bataglia stated that the Council has' approved a cooperative agreement. Commissioner Friel inquired why the Planning Commission was not a part of the agreement process. Mr. Bill Buehl, 7 Dorset, stated he has been a nine year resident of Mendota Heights and that the Dodge Nature Center is very distressed with the current propos ' al. He stated that the HRA has demonstrated how this development can be screened but that they need to show that they care about the open space. He noted his concern for future developers and that the City should be concerned in not establishing precedent. Commissioner Tilsen moved to close the public hearing. Commissioner Betlej seconded the motion. AYES: 6 NAYS: 0 Mr. Nelson explained that unit sizes vary from 660 square feet to 920 square feet per unit. It was determined that approximately 20,000 square feet of building space will be used as common space. The Commission discussed the calculation for lot area per unit space. It was determined that there may be a few too many units for this site. Commissioner Betlej suggested that the Commission table this matter which would then allow the Commission time to discuss the Amendment to the City's Zoning Ordinance regarding senior housing. Chair Dwyer called a recess at 10:16 p.m. Chair Dwyer reconvened the meeting at 10:28 p.m. 14 HEARING: CASE • 06-08: CITY • • HEIGHTS - AMENDMENT TO ZONING ORDINANCE - SENIOR • Chair Dwyer explained that the Council has ordered a public hearing to be conducted by the Planning Commission to consider enacting ordinances which addresses senior housing provisions in the R-3 zone and to rezone the Dakota County HRA site to R-3. Commissioner Friel stated that the ordinance amendment should provide for senior housing developments while ensuring the proper control of senior housing facilities throughout the City. Commissioner Friel suggested the following amendments for discussion: Section 12.2(7) is hereby amended in its entirety so that as amended it shall read as follows: 12.2(7) Senior Housing. The following design standards may be permitted if consistent with the public health safety and welfare, at the discretion of the Council if common area facilities and underground parking are provided: 1. Lot area: 50 percent of requirement in Section 12.4(4) 2, Parking: 50 percent of requirement in Section 12.5(1) 3. Unit Size: 80 percent of requirement for one and two bedroom units in Section 12.4(3). Three bedroom units are not allowed in Senior Housing. 4. Storage: 60 percent of the requirement in Section 12.7(7). If any of the foregoing design standards are permitted to provide for Senior Housing, then the facilities for which they are permitted shall thereafter be used only for Senior Housing unless such facilities are altered so as to eliminate all of the variances from the design standards which are otherwise applicable in this zoning district. Commissioner Friel stated that he does not believe in reducing standards for senior housing and that he does not want the City to be abused because of economics. He stated that he does not want the City to reduce its standards in the R-3 zoning district. Commissioner Betlej disagreed. Commissioner Friel stated the City should not focus on the ordinance amendment as it relates to the Dakota County HRA's proposal. He stated 15 that there is no mechanism in place for a private developer to construct a l senior housing facility. Chair Dwyer stated that the HRA has presented a fine project that needs some massaging. He stated that the Commission believes the HRA will be a good and benevolent landlord. He stated the Commission is concerned with establishing an ordinance that reduces standards for senior housing facilities. Commissioner Lorberbaum inquired if other communities have senior housing ordinances and if their ordinances allow for flexibility in constructing these facilities. Chair Dwyer stated he does not want to see the quality of building material reduced and that he would like the ordinance to be more specific with size of units, parking spaces and storage. Commissioner Duggan inquired if the city could spot zone. Planner Uban explained that senior housing could be considered as a conditional use within the R-3 zoning district. Chair Dwyer inquired about the HRA's construction schedule. Mr. Ulfers stated that the time table is a concern and that delay of the process may be detrimental. Commissioner Friel stated the Commission is not in the position to amend the ordinance tonight. Commissioner Friel moved to table the discussion until March 26, 1996 which would allow time for City staff to generate a draft ordinance which incorporates the Commission's concern regarding government senior housing developers and private developers, operational standards that are essential to developing a facility. Commissioner Betlej seconded the motion. AYES: 6 NAYS: 0 Commissioner Friel moved to continue the public hearing and to extend the 60 -day processing time limit for a second 60 days in order to allow time for additional review on proposed changes and have legal input to the City Zoning Ordinance Amendment allowing Senior Housing. If the 60 -day time limit is unable to be extended, then the Planning Commission recommends denial of the Dakota County HRA request. W. Commissioner Duggan seconded the motion. AYES: 5 NAYS: 1, TILSEN CASE • •. CITY OF .• ZONINGORDINANCE REVISIONSFOR • •. FUEL STATIONS .WINDOWS Commissioner Friel moved to recommend that the City Council amend the Zoning Ordinance to restore motor fuel stations and motor fuel convenience stores in the B-2 zone and to allow drive-in facilities at banks. Commissioner Betlej seconded the motion. AYES: 6 NAYS: 0 HEARING: CASE NO. 96-05: DAKOTA BANK - SUBDIVISION Mr. John Seidel, Dakota Bank, was present to discuss their request to subdivide a 5.6 acre site, known as the Curley site, into two commercial parcels and five single family lots. Seidel explained that Dakota Bank is looking to build a main bank headquarters building on the Curley site. He explained that the Curley site and the SOS site 5.6 acres is currently under a purchase option due to expire early April of this year. He explained that the entire site needs to be purchased and developed as one project to properly implement an appropriate and comprehensive development for this area of the city. He explained that the bank does not need the entire parcel for the bank building. Seidel explained that the current residential zoned lots are too small to be developed and are proposed to be replatted to five conforming residential lots. He explained that the current B-2 zoned area would be replatted as two developable lots and an outlot to be used for the extension of the existing east frontage road to a connection with the existing west frontage 17 road at Lexington Avenue. Seidel stated the bank intends to build on the larger parcel with a SuperAmerica facility to be built on the smaller parcel at the intersection of Lexington and Highway 110. He explained that due to the existing underground contamination of the SOS site, the bank cannot build on the corner. Seidel stated that SuperAmerica is willing commit to undertake the clean-up process and the correction of site conditions and build on the corner contaminated site. Seidel explained that a committee was established, which includes two City Councilmembers, to help establish criteria for developing this site. He explained that on January 24, 1996, approximately 40 people attended a neighborhood meeting to discuss the plans and ask questions about this project. Seidel stated that the major concerns from the January 24 meeting included concerns on the design, traffic and 24 hour convenience store operation. Mr. Jack Boarmann, Architect, explained that there was an error on the plans which indicated the frontage road right-of-way to be only 50 feet wide. He stated that the right-of-way will be 60 feet. He stated that the street width has been increased to meet the minimum standards of the City and MnDOT. He explained that the planner suggested that their right in, right out access to Highway 110 be closed off. Boarmann stated that they have a concern with closing this access off and that a right in/right out would serve the traffic circulation well. Boarmann stated that the final plans will include erosion control and drainage details, and that a buffer, berm and landscaping will be installed prior to the development of the single family lots. He stated that these plans will be submitted to the City's Engineering Department for their review. Boarmann stated that there are a number of planning issues that have already been established prior to this subdivision request. He stated that the existing frontage road and intersection pre -date this proposed development. He explained that the bank development does not require variances. He explained that the SuperAmerica development does require a special use permit and has variances. He explained that the frontage road currently is not well coordinated and the development to correct this creates the hardship that causes the bulk of the variances. In Chair Dwyer opened the meeting to the public. Mr. Jim McShane, of 2061 Theresa Street, stated he has been a resident for 25 years and that he would like to see this area remain as open green space. Mr. John Nides, 2094 Patricia Street, stated he has been a resident for 10 years and that working with the SuperAmerica and Dakota Bank has been a good experience. He stated that his main concerns are about traffic and safety. He stated that he has not been given information on the projected traffic the SuperAmerica will generate. He stated there a several gas stations in a five mile radius and that there seems to be plenty of gas pumps available. He stated he is hugely concerned for the safety and control of pedestrians in the area. He further inquired if a 24 hour operation is necessary. He stated there is always a lot of congestion with car washes. Mr. F.B. Daniels, of 2056 Timmy Street, stated that he feels that the relatively low turn out for the hearing demonstrates the lack of concern by the neighbors for this project. He stated that he is happy with the proposed project and that his questions regarding traffic congestion control and landscape screening have been answered satisfactorily. He stated that this is the best proposal that he has seen for this site. Commissioner Lorberbaum moved to close the public hearing. Commissioner Betlej seconded the motion. AYES: 6 NAYS: 0 The Commission discussed Planner Uban's suggestion in closing off the access to Highway 110. Planner Uban stated that there is very little space between the frontage road and Highway 110 and that there is not enough depth to accommodate cars pulling in and out. He suggested that if the frontage road is pulled to the south (40 or 50 feet) then two cars could stack. Commissioner Tilsen suggested that a right out only be constructed. Planner Uban stated that the City will still want to be sure stacking is accommodated. Commissioner Duggan informed the Commission that Mr. Tim Curley is unhappy with the idea of closing the frontage road access to Highway 110. Commissioner Tilsen stated that the site proposed for the SuperAmerica sight is small and he inquired why the property could not be developed as one site. Mr. Seidel responded that there are two separate parcels and two 19 separate owners. He explained that the contamination is a problem for the bank owning the site and that there are not too many owners who are willing to accept the liability for clearing the site of contamination. Commissioner Tilsen stated that he would like to see only one parcel of land. A discussion ensued regarding the projected traffic counts the bank and SuperAmerica will generate. It was noted that the bank has varying days of activity and that SuperAmerica will be considered an interceptor of traffic. Planner Uban stated there is approximately 18,000 to 20,000 cars on Highway 110 and between 2,000 and 3,000 on Lexington Avenue. Commissioner Duggan stated that the SuperAmerica will generate more traffic. He inquired if an additional traffic light will be needed. Mr. Boarmann stated that an additional traffic light is not warranted. Public Works Director Danielson concurred. Mr. Boarmann stated that a stop sign will be needed. In response to a question from Commissioner Duggan, Mr. Boarmann stated that the proposed five residential parcels will be accessed off of Mary Adele. He stated that new 7-10 foot pine trees will also be planted as a buffer between the commercial and residential developments. Commissioner Duggan stated that he does not feel that another gas station in the area is necessary and he stated that he is uncomfortable with the idea that "his" tax payer money is needed to make this development work. Chair Dwyer inquired if the SuperAmerica building could be moved further to the east so that variances would be unnecessary. Mr. Boarmann responded no and that the placement of the buildings has been designed to best accommodate the street/highway access. Mr. Boarmann stated that the Zoning Ordinance dictates where the front yard is to be located. Chair Dwyer stated that the frontage road has created the problem. Mr. Boarmann concurred and reminded the Commission that this problem pre- dates this process. Commissioner Duggan inquired if Mr. Boarmann considered not creating residential lots and moving the road further south. Mr. Boarmann responded no because they do not own that piece of property. Commissioner Betlej inquired about the turning radius into the SuperAmerica site. Planner Uban stated that he is not concerned about the tightness of the curves as long as there is a standard street construction. M* Commissioner Betlej expressed his displeasure with this building design creating a situation that will require a number of variances. In response to a question from Commissioner Friel, Mr. Boarmann stated the contaminated site needs to be cleaned up by a gas station. Commissioner Friel inquired about the construction schedule. Mr. Seidel responded that construction for the bank should start this fall with occupancy in 1997. Commissioner Friel inquired as to why an access is required off of Lexington Avenue. Mr. Boarmann stated that the existing curb cut is too close to the intersection. He stated that currently stacking is a problem on Highway 110. Boarmann stated that sharing a curb cut is better than having a stacking problem. Commissioner Friel stated that he has a concern with creating a plat that requires variances. In order to allow discussion on Case No. 96-06: SuperAmerica - CUP and Variance request, Commissioner Friel moved to table discussion on Dakota Bank's subdivision request. Commissioner Pilsen seconded the motion. AYES: 6 NAYS: 0 Commissioner Lorberbaum inquired if more information is needed regarding the residential lots. Mr. Seidel responded that Dakota Bank is planning the subdivision to include the residential lots. HEARING: CASE O. 96-06: SUPERAMERICA - CONDITIONAL USE PERMIT AND V47,14NCES Mr. Michael Cronin, architect, representing SuperAmerica, was present to discuss their request for a Conditional Use Permit and Variances which would allow the construction of a service station/convenience store on Lot 1, Block 1, Dakota Valley View Addition. Chair Dwyer stated there are numerous variances being requested which include building, trash enclosure, parking, driveway and sign setbacks along with a driveway width variance. 21 Commissioner Tilsen inquired as to why this development was not processed under the Planned Unit Development process. Chair Dwyer inquired if the variance process would be eliminated if this project were to be developed as a planned unit development. Mr. Cronin explained that the practical difficulties and 'undue hardship to this development were generally created by the following conditions: 1 The location of the SuperAmerica on Lot 1 has been determined by the existing use of this site. Cronin stated that the known contamination caused by the underground tanks of the present service station at this site means that the most practical successor use is another motor fuel station/convenience store. 2. The shape and size of Lot 1 was determined by the practical need to match the proposed new frontage road connecting to Lexington Avenue from the east with the present frontage road connecting to Lexington Avenue from the west. 3. Conditions one- and two have created a motor fuel station/convenience store site that has public roads on all sides, requiring an extraordinary (in relation to the normally required 30 feet front setback in the B-2 district) 60 foot front yard setbacks to be applied from all property lines. 4. The sole location for a motor fuel building meeting all setbacks would be the center of the site. This is not the most practical location for site utilization and circulation, a typical location, or due to the surroundings, the desired location for the building. The practical, typical and desired location for any motor fuel type building will require the consideration of at least two variances to the front yard setbacks. Mr. Cronin explained that they have designed a building with a residential image. He explained that they will be adding a brick band and that staff has suggested that larger eaves be added to the store. Cronin stated that the trash enclosure will be design to be the same as the Highway 55 SuperAmerica proposal. He stated that the car wash will not have direct access to Lexington Avenue and that this promotes positive circulation with car stacking to enter on Lexington Avenue. Cronin stated that they have been sensitive to the neighborhood's concerns especially with respect to creating a buffer between the proposed residential 22 lots and the service station. He stated that a berm will be created on the south edge of the road with scotch pine trees being planted. He stated that 23 percent of the site will be landscaped. Cronin explained that parking will be provided on site, under the canopy and in front of the store. He stated that staff parking will be along Highway 110. Cronin explained that signage will consist of an entry sign, car wash, sign and canopy signage. He explained that a monument sign will be constructed on the far north eastern edge of the lot. Cronin explained that the specific location of the sign in this corner is determined by the location of the storm drains into the Highway 110 ditch. He stated that a monument style sign cannot practically meet the vertical clearance requirement. Cronin stated that the proposed location of the sign is more respectful of a residential image along Lexington and Highway 110 than a location in the northwest corner of the site. Chair Dwyer opened the hearing to the public. Mr. John Nides, Patricia Street, inquired about the number of pumps. Mr. Cronin responded six pumps fueling a maximum of 12 cars at a time. Nides noted his concern for traffic flow and he inquired if it is necessary to have the service station and its car wash open after 10:00 p.m. Commissioner Duggan informed the Commission that Curley furniture trucks access off of Highway 110. Mr. Nides noted his concern for fuel delivery trucks turning radius problems. Mr. Cronin stated that SuperAmerica is confident that their trucks will have adequate turning radius. Commissioner Duggan inquired about a trail along the Curley property. Public Works Director Danielson explained that this trail was on a temporary easement that was rescinded by the Curley's. He stated that the trail along Lexington does cross over the new frontage road. Commissioner Lorberbaum inquired if there will be bike racks. Mr. Cronin stated they would consider this option. Mr. Sam VanTassel, SuperAmerica, and Mr. Dan Bilmart, Construction Manager, discussed the environmental clean up process. They both discussed the State's requirements and how SuperAmerica takes great care in creating a safe and healthy environment by installing double wall tanks with state of the art electronic detector devises. They stated there will be 23 four underground tanks on site. Chair Dwyer moved to close the public hearing. Commissioner Tilsen seconded the motion. AYES: 6 NAYS: 0 Commissioner Betlej inquired if the SuperAmerica could be constructed without the car wash. Mr. VanTassel stated that it is the consumers that request that a car wash be available for their use at service stations/convenience stores. Commissioner Lorberbaum inquired if SuperAmerica would be willing to restrict their hours of operation to 18 hours. Mr. VanTassel responded that a 24 hour service station operation is needed and used by the consumer utilizing the service station/convenience store. Commissioner Betlej moved to recommend that the City Council deny the request for a Conditional Use Permit and Variances because the site could be developed in a fashion that is consistent with the City's Zoning Ordinance. Commissioner Friel seconded the motion. Commissioner Duggan summarized information from the City's Comprehensive Plan. Commissioner Tilsen stated that this is an excellent property in many ways and that the building could be moved to alleviate the setback concerns. He suggested that the Planned Unit Development process may be an alternative in pursuing development of this site. Chair Dwyer stated that the City should accept this development concept because it is a difficult corner to development. He stated that the City may not see another design for this corner that is clean and functional. He stated that the Commission will be making a mistake if they do not recommend approval of the project. AYES: 3 NAYS: 3, LORBERBAUM, DWYER, TILSEN 24 Chair Dwyer moved to recommend that the City Council approve the request. Commissioner Lorberbaum seconded the motion and offered a friendly amendment by adding that the service station/convenience store operation be limited to an 18 hour operation. Commissioner Tilsen inquired if SuperAmerica would consider moving the car wash. Mr. Cronin stated that there is no room to shift the building. Tilsen stated that five feet could be added to the parking lot which would add more circulation on the north side. Commissioner Duggan stated he is not comfortable with the Planning Commission supporting this project knowing that TIF money will be used and he is not comfortable with the proposed design of the building. Commissioner Duggan offered a friendly amendment by adding that TIF money not be used for this project. Chair Dwyer did not accept the friendly amendments. AYES: 1 NAYS: 5, LORBERBAUM, DUGGAN, TILSEN, FRIEL, BETLEJ MOTION FAILS Commissioner Duggan moved to recommend that the City Council grant the request without including the car wash, limiting the store operation to 18 hours and that no TIF money be used. • • ' A 1 • ' [ • 0 ' 7 N0 Commissioner Friel moved to recommend that the City Council deny the request. Commissioner Betlej seconded the motion. AYES: 4 NAYS: 2, DWYER, LORBERBAUM MOTION PASSES 25 HEARMIG: CASE Ni,. 96 -05 - DAKOTA BANK Commissioner Friel moved to recommend that the City Council deny the subdivision request. Commissioner Betlej seconded the motion. AYES: 2 NAYS: 4, DWYER, DUGGAN, LORBERBAUM, TILSEN Commissioner Duggan moved that the City Council approve the preliminary plat. Commissioner Lorberbaum seconded the motion. AYES: 4 NAYS: 2, FRIEL, BETLEJ VERBAL REVIEW Public Works Director Danielson briefed the Planning Commission on recent City Council actions regarding recent planning cases. There being no further business, the Planning Commission moved to adjourn its meeting at 1:30 a.m. Respectfully submitted, Kimberlee K. Blaeser Senior Secretary 26